Suit alleges store sold sick pets

June 19, 2007|By McNelly Torres Staff Writer

The U.S. Humane Society filed a class-action suit against Wizard of Claws on Monday, alleging the Pembroke Pines pet store, in violation of state laws, has defrauded customers by selling them sick animals with genetic diseases without full disclosure.

The suit filed in Broward County Circuit Court against the pet store and its owners, James and Gilda Anderson of Fort Lauderdale, alleges Wizard of Claws engages in unfair, deceptive and illegal trade practices. The suit charges that the store claims to sell animals from reputable breeders but the pets are in fact bred in "puppy mills,"commercial breeding facilities where they are kept in deplorable conditions, are poorly socialized and more prone to health problems.

James Anderson did not return calls from the South Florida Sun-Sentinel seeking comment.

Dozens of pets, which in many cases suffered from severe health problems and genetic defects, died shortly after they were brought to their new homes, according to the suit.

Plaintiffs include members of the Humane Society, in addition to 100 pet owners from throughout Florida and 13 other states who claim they spent hundreds or thousands of dollars on medical expenses.

Under state law, pet stores must reimburse consumers the costs of medical care for their pets if an animal dies or if a licensed vet finds it to be unfit because of illness, disease or parasites.

The suit is seeking unspecified damages for consumers who bought pets from the store.

"This case highlights a nationwide epidemic of greed and deception in the puppy mill industry," said Jonathan Lovvorn, chief attorney for the Humane Society. "Pet stores and dog dealers like Wizard of Claws reap huge profits by pushing sick and dying animals on the public every day."

Weil, Gotshal & Manges, a law firm with offices in Miami that worked closely with the Humane Society and its attorneys, spent months tracking down Wizard of Claws customers and documenting their experiences.

Lovvorn said the investigation found serious and systematic violations of Florida's animal and consumer protection laws surrounding the sale of puppies with life-threatening genetic defects and highly contagious parasitic infections.

Investigators also found that Wizard of Claws refused to reimburse customers the purchase price of sick pets or veterinary treatments for them.

The lawsuit also lists several sites thought to be connected with or owned by Wizard of Claws that sell pets online, including www.puppiesforsalebynet.com, www.tiny-puppies.com, pomeranianpuppies.bygilda.com, www.puppyboutique.com, www.bygilda.com, www.nextdaydogs.com, www.nextdaypets.com and www.pets4you.com.

On its Web site, Wizard of Claws, at 9113 Taft St. in Pembroke Pines, advertises itself as one of the top dog boutiques in South Florida. The site, www.wizardofclaws.com, depicts pictures of puppies wearing dresses and pearls while sitting inside teacups.

Ed Webb, 61, a retired airman, found the Web site while shopping for a Christmas present for his wife, Linda.

"It seemed as a reputable place, so I had no reason to question that," Webb said.

On Dec. 6, 2006, Webb paid $1,075 for a Maltese, which the couple named Vanna. The dog got sick soon after, and a vet diagnosed the puppy with a liver defect and parasites. The pet's health continued to deteriorate, and the vet recommended euthanasia to spare it from further suffering. "My wife was devastated," Webb said, adding that Anderson refused to reimburse his money for the dog.

The Webbs signed on to the class-action suit after learning the pet store had been the subject of several lawsuits from unsatisfied customers and investigations by the state Department of Agriculture and Consumer Services. "I thought shame on me for not doing a little more research," Webb said. "It looked like a healthy puppy, but appearances can be deceiving."

Last year, Florida's Office of the Attorney General filed a lawsuit against Wizard of Claws alleging the pet store defrauded customers in violation of the Florida Deceptive and Unfair Trade Practices Act. The case is pending, said Sandi Copes, a spokeswoman for the Attorney General's Office.

INFORMATIONAL BOX:

Law for pet owners

A Florida law, previously known as the Pet Lemon Law, provides limited protection for consumers who buy animals that are ill or die shortly after purchase.

What it covers: Dogs and cats. It does not cover birds, fish or exotic animals.

Protections: Consumers can return or exchange a pet 14 days after purchase if a licensed veterinarian finds it to be unfit because of illness, disease or parasites. The same applies if the animal dies because of illness. Consumers can return an animal within a year after purchase if the pet has a congenital or hereditary disorder.

Refunds: A pet dealer must be notified within two days of a vet's determination that a recently purchased dog or cat was unfit. Consumers have the right to retain, return or exchange the animal and receive reimbursement for certain related veterinary services.

THE LAWSUIT

Consumers who would like to file a complaint against Wizard of Claws and join the class-action lawsuit can go to humanesociety.org/puppymills and click on the "Tell us your story" link on the left.

BEFORE BUYING A PET

Don't buy an animal if you can't visit the home or breeding facility where it has been kept.

Consider a pet from a local animal shelter, where animals are screened for health and temperament.

Get referrals to purebred rescue groups from local humane societies and county shelters, the American Kennel Club ( www.akc.org, or call 212-696-8200), and the Cat Fanciers' Association ( www.cfa.org, or call 732-528-9797). At a pet store or with a breeder, ask to see the animal's health certificate, signed within 30 days by a vet, and a pedigree, if buying purebred.

- Mc Nelly Torres

ONLINE: Ever bought a puppy at a pet store? Join our poll and let us know at Sun-Sentinel.com/broward